Guardianship Law in Ohio
Heban, Murphree & Lewandowski, LLC is your trusted partner for proficient legal counsel in all aspects of Guardianship. When an individual cannot make decisions due to minor age or incapacitation, a court-appointed guardian safeguards their interests legally. Our team of dedicated attorneys is committed to ensuring you receive excellent legal representation for all your guardianship-related needs.
Navigating the unpredictable challenges accompanying guardianship arrangements requires preparation and expert legal guidance. Our team of seasoned attorneys is equipped with the knowledge and resources to assist you in all matters concerning Guardianship. Whether you need to appoint someone to oversee the affairs of a minor child or take over responsibility in case of incapacitation, we are ready to help.
Our expert legal services cover a wide range of guardianship types:
- Guardianship of the estate: Appoint a guardian to manage the ward’s property and financial affairs.
- Guardianship of the person: Appointing a guardian to look after the ward’s care and well-being.
- Combined Guardianship of the Person and estate: A single guardian is responsible for personal and financial matters.
- Emergency guardianships: Temporary guardianship appointments in urgent situations.
- Interim guardianships: Temporary appointments when the original guardian cannot perform their duties.
- Limited guardianships: The guardian has specific, limited duties rather than full authority over the ward’s affairs.
- Co-guardianships: Two or more people share guardianship responsibilities.
Leveraging our vast experience of over 150 years in combined legal practice, we can help you devise a guardianship that perfectly aligns with your unique needs.
Guardianship within Estate Planning
Guardianships play a crucial role in Ohio’s estate planning landscape, particularly when an individual becomes incapacitated and incapable of handling personal affairs or managing assets. A probate court issues a guardianship order, which remains in effect as long as the individual is alive but unable to care for themselves or their finances.
A court-appointed guardian is vested with the authority to make critical decisions regarding the ward’s living arrangements, medical care, financial matters, and the management of major assets. Our legal team is well-versed in the intricacies of these responsibilities and can guide you every step of the way.
Understanding Guardianship Dynamics
The scope of a guardian’s authority and obligations is determined by the type of Guardianship assigned by the court. To help you better understand the dynamics, we’ve outlined how different kinds of guardianships work:
- Plenary Guardianship grants the guardian full authority to act on behalf of their ward, the incapacitated person. They can carry out any action that the ward would have been able to take if they were capable, such as signing checks or selling property.
- Limited Guardianship is tailored for situations where an individual is only partially incapacitated. The court assigns certain responsibilities to the guardian while allowing the ward to retain some decision-making abilities.
Guardianships of the Person and the Property
The court can designate separate guardians for personal care (Guardianship of the person) and financial management (Guardianship of the property). These roles may be assigned to the same individual or split between two different people. Each type of Guardianship carries distinct responsibilities:
- The guardian of the property handles financial matters.
- The guardian of the person makes decisions related to the ward’s health and personal life.
In rare instances, the court might assign more than one guardian to the same ward. This arrangement can be beneficial in certain circumstances despite the potential for conflicts or miscommunication.
Guardian Selection Process
Choosing a guardian is crucial and should not be taken lightly. The chosen guardian should be someone you trust, with the necessary skills, and willing to fulfill their responsibilities. We can assist in this selection process to ensure the best interests of all parties are served.
Integrating Guardianship into Your Estate Plan
While it can be challenging to contemplate a future where you might become unable to care for yourself or manage your assets, it’s a necessary part of estate planning. The expert attorneys at Heban, Murphree & Lewandowski, LLC are ready to address all your questions about including Guardianship in your estate plan.
Get in touch with us today to kickstart your journey of setting up a comprehensive guardianship arrangement that ensures your loved ones remain in the best possible hands. 419.662.3100